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Lawrence S. Katz

Lawrence Katz’s Answers

5 total

  • I am from Michigan and I have a csc case that I was found guilty of almost 30 yrs ago. there was a recantation and we went back

    on appeal, but I had a rookie lawyer that kept going on same thing over and over and the judge said that there was more but the lawyer would have to find it. Well we exhausted our appeal and got resentenced to time serve. well the thing he should ...

    Lawrence’s Answer

    Your question, unfortunately, leaves out important information that a lawyer would need to know in order to give you specific advice. The lawyers who answered your question are referring, correctly, to a rule that allows a convicted person one last chance to get justice, even if they have already lost their appeal as of right to the Court of Appeals and their appeal by permission to the Supreme Court. The law dealing with this one last chance can be found in MCR 6.500 - 6.509. You will have to show the judge who tried your case (or his successor) a reason (one that was not previously raised on appeal) why you did not get a fair trial. You need to show either that this error would likely have made the difference between winning and losing, or you have to show that you are actually innocent. You also have to give an explanation of why this error was not raised in your appeal as of right. (Ineffective assistance of trial or appellate counsel may be a possible reason.) The judge's decision is appealable (by permission to the Court of Appeals and Supreme Court. What concerns me is that you mention that the trial was 30 years ago, and you imply that you went back to court fairly recently (although you do not say when). If you have already used the 6.500 procedure I've discussed in this answer, you cannot do so again. As far as the recommendation that you contact the State Appellate Defender is concerned, it is very unlikely that it would be able to jump in under these circumstances. It generally handles assignments of appeals from the courts (it gets about 1/3 of all appointed appeals, so they're already very busy) under guidelines established by the State Appellate Defender Commission. If, however, you are able to file a basic 6.500 Motion on your own or through the assistance of counsel, showing merit to your argument, you can request the appointment of either a certified appellate attorney through the Michigan Appellate Assigned Counsel System or the State Appellate Defender's Office.

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  • Am i looking at jail time for a 1 year misdomeanor larceny charge with a clean record?

    it was originally a felony larceny but dropped to a misdomenor larceny i have a clean record besides a driving on a suspended license and careless driving. the larceny was for a gun that i had pawned and was not mine but was in my possession for a...

    Lawrence’s Answer

    Sentencing is up to the judge. Predictability may be a little easier in felony cases, where there are minimum sentence guidelines. There are no guidelines in misdemeanor cases. And most sentences, within a wide range of a judge's discretion, will be upheld on appeal. That being said, it sounds like you have may favorable factors to argue to the judge in support of leniency. Be sure you are properly represented.

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  • Can police re charge you with "disturbing the police" after they have already dropped the charges 3 months later?

    I had a party in October on the 19th, was arrested for noise violation and then went to jail, payed bail, got out. Then was told to go to court on november 2nd. When I went to court they told me all of my charges had been dropped. They sent me my...

    Lawrence’s Answer

    Yes. As long as the case was dismissed before the case actually went to trial, the dismissal is considered "without prejudice," which means the case case be brought again. The double jeopardy clause of the U.S. Constitution prevents people from being tried twice for the same crime. But you have not yet been tried once, because the case was dismissed before trial. There could be many reasons why the case was dismissed and why it has now been reauthorized. In any event a real win has to be on the merits of the case.

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  • In Michigan can you file a "Memorandum in Support of Jurisdiction" in a felony conviction going to the Michigan Supreme Court?

    I see they do that in Ohio to try to get the appellate court to hear the case. Was just wondering if there was any methods of law to use to try to persuade our supreme court to hear our case? And just how long does it take to find out they do or ...

    Lawrence’s Answer

    Your question is not clear because it is phrased in terms that are not used in the law. The answers to all your questions can be found in the Michigan Court Rules - MCR 7.300. There are two parts to an Application fot Leave to Appeal - jurisdiction and merit. First you need to show that Court that you have the right to have your appeal considered. This first requirement will be met with docket entries from the Court of Appeals and copies of the Order or Opinion appealed from. An affidavit can be submitted on this requirement but it will not substitute for proof you have a right to ask that Court to consider the appeal. The second main requirement, once you have shown you have a right to ask for consideration, is the matter of merit. You may submit an affidavit, but the real concern of the Court here is whether the case is important enough to consider. It cannot be an average case. You must show basically that your case is important to Michigan jurisprudence or that a very big mistake was made that needs correcting.

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  • I was fired from a job and my employer kept paying me. He is now trying to get the money back. Am i responsible?

    I was fired and a private payroll company called me and asked to work out a repayment plan.

    Lawrence’s Answer

    Unfortunately, there is no "free lunch" in this situation. If you received payments for work you did not perform, those payments must be returned to your former employer. Overpayments by mistake are quite common in both the private and public sectors. When that happens, the person receiving them should return them immediately. Knowingly keeping money sent by mistake is a serious matter. A repayment plan would seem to be a fair way to resolve this matter.

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